Retail Store Liability

Each year, residents and out-of-state visitors enjoy shopping in Florida. When customers visit retail stores, they do not expect to be involved in accidents. Unfortunately, this often happens due to conditions that could have been prevented by the business owner. At Lusk, Drasites & Tolisano, our Fort Myers premises liability lawyers assist injured individuals with pursuing damages from negligent retail stores. With many years of experience to guide us, we can explore your options and vigorously assert your rights.

Retail stores have an obligation to maintain their premises in a reasonably safe condition. This includes keeping aisles accessible, dry, and free of merchandise. It also means making sure that stairs are sturdy and guardrails are in proper, working condition. Retail store accidents may occur in a variety of ways, including wet floors, falling or misplaced merchandise, insufficient security, uneven surfaces, or broken stairs.

The degree of care a property owner owes a visitor depends on the status of the visitor on the property. There are three main categories: an invitee, a licensee, and a trespasser. An invitee is an individual invited on the property for a commercial purpose. A customer at a retail store fits into this category. It is important to note that property owners owe invitees the highest duty of care. They may be held accountable when they are aware or should be aware of a hazardous condition and fail to fix or warn of it. A causal link also must be drawn from the store owner’s negligent actions to the accident. In most situations, it is critical to show that the hazard was present for long enough that the store employees should have known about it.

A store owner’s duty also extends to protecting shoppers from injuries by third parties, such as through reasonably foreseeable criminal activity. Otherwise, the storeowner may be liable for negligent security. For example, convenience store owners should have sufficient security to protect their customers from crimes. This can be done with certain security measures, such as proper lighting and security camera installations. Parking lots that are poorly lit also may leave a store owner liable for damages if someone is assaulted there.

If you have been injured on the property of a retail store, you likely have the right to seek damages from the business. You may be able to recover medical bills, lost income, rehabilitation cost, and pain and suffering, as well as any other costs stemming from the incident. If you have lost a family member in a fatal slip and fall, you can potentially file a wrongful death claim and seek damages such as funeral expenses, medical costs, loss of consortium, and more.

If you or a loved one has been involved in a retail store accident, you should contact the Fort Myers slip and fall attorneys at Lusk, Drasites & Tolisano. We are committed to holding negligent parties responsible for the harm they cause. We also serve injured individuals in Naples, Port Charlotte, Lehigh Acres, and Sarasota. Call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation.